19-0500•IN RE HARVEY SAND LITIGATION
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ORDER OF MULTIDISTRICT LITIGATION PANEL Order Pronounced March 24, 2020 19-0500 IN RE HARVEY SAND LITIGATION 1. On June 16, 2019, the Multidistrict Litigation Panel issued its order staying all trial court proceedings in the cases listed in Appendix A to the Motion to Transfer until further order of the MDL Panel. 2. Pursuant to motion, the Panel amended that stay on July 26, 2019, to allow any present and future parties in the Harvey Sand Litigation to file, amend, and serve any pleadings in that litigation in light of potential concerns regarding statutes of limitations, pending the Panel’s action on the motion to transfer. 3. Pursuant to motion, the Panel further amended the stay on October 1, 2019, to allow certain local Harris-County-based steps by local judicial officers and/or parties to determine what case(s) should continue in this litigation, in what form(s), in what court(s), and with what parties. 4. Since October 1, 2019, various procedural changes have occurred, including the filing of two new cases: * Eduardo Del Pino et al v. Hanson Aggregates. LLC et al, Cause No 202008901 filed in the 129th Judicial District Court of Harris County, Texas, and * Steven Nelson et al v. Hanson Aggregates. LLC et al, Cause No 202010361 filed in the 270th Judicial District Court of Harris County, Texas. It has further been requested in Defendants' Second Supplemental Motion for Transfer and Request for Stay filed March 17, 2020, that the Panel’s stay be further amended to subject those two new cases to the current stay in this litigation. The Panel hereby further modifies its stay to cover Pino, et al v. Hanson Aggregates, LLC, et al, and Nelson et al v. Hanson Aggregates, LLC, et al, described above. Other parties are invited to file their response(s) to the above referenced Defendants' Second Supplemental Motion For Transfer and Request for Stay of March 17, 2020, with any such responses to be filed on or before fourteen days from this date, unless extended for good cause shown.
The Panel's order dated March 11, 2020, calling for the parties to file with the MDL Panel on or before March 25, 2020, a joint status report, is hereby rescinded, given the above events.
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